Cjs/220 Introduction to Criminal Court System - Courtroom Process Paper

Courtroom Process Paper

Sheri Minard

CJS/220 Introduction to Criminal Court System

12/13/2015

Kenneth Jack Breiden

Introduction

After an arrest, there are several important steps in the criminal process: the decision to charge an arrestee with a crime, bail, plea bargains, indictment, arraignment, trial, and sentencing. This paper will explain what bail is, and some of the aspects of obtaining bail for release. We will learn the difference between a bench trial and a jury trial. We will also learn about plea bargaining and its advantages and disadvantages to the criminal justice system, prosecutors, defense, and defendants.

Bail System

        Bail is cash or a bond given to the court by the arrested to be released from custody. The arrested promises to return for trial at a later time. Failure to return for trial triggers the bond obligation and the court keeps any money given as security. (Cornell University Law School, n.d.).

        Once an arrest has occurred by the police, the accused will go before the magistrate for an initial appearance. During this time, the arrestee will be informed of the charges on which he/she is being held. Bail may also be set at this time. During, bail determination judges should consider, the nature and circumstances of the offense, the weight of the evidence, financial ability, and character of the defendant. (Siegel, Schmalleger, & Worral, 2011). The Eighth Amendment states, “Excessive bail shall not be required.” However, this doesn’t grant a constitutional right for bail.

        Five different types of bail exist:

1. Secured Bail: The defendant pays a specific amount of money or places property as collateral.
2. Cash Bail: The defendant or someone else pays the full amount of bail, out of pocket
3. Unsecured Bail: The defendant must sign a bond promising to return for court. The defendant will be charged a fine upon not returning.
4. Conditional Bail: The defendant is ordered to meet specific conditions to be released.
5. Release on Recognizance: The defendant is released without paying any money, after signing a bond promising to return for court proceedings.

Bail may be denied by the judge if the accused is a flight risk, depending on the level of dangerousness, and financial status.

        A defendant that can’t afford to pay bail may turn to the service of a bails bondsman. The bondsman will collect a percentage of the bail from the defendant and then post a bond for release. (Siegel, Schmalleger, & Worral, 2011).If the defendant shows up for court, the bondsman gets the money back from the court and keeps the percentage paid by the defendant. If the defendant fails to return for court proceedings, the bondsman loses the money given to the court. Many bondsmen hire bounty hunters to catch and return defendants that fail to return for court. They also maintain third party insurance to protect them from loss.

Plea Bargaining

        Plea bargaining is when the accused and the prosecutor agree on the satisfactory disposition of the case is subject to approval of the court. The defendant pleads guilty to a lesser offense or to only some of the charges of a multi-count case in return for a lighter sentence.

        Plea bargaining isn’t always a good thing. The Prosecutor always starts with the highest charge possible. Sometimes defendants agree on a charge greater than they would have received at trial. Plea bargains can also be used to coerce an innocent person into pleading guilty. Pressure and intimidation of a higher charge or stiffer punishment can cause innocent people to plead guilty out of fear. It also decides the defendant’s guilt without a trial. Plea bargaining also undermines the criminal justice system and creates inefficiency. (Siegel, Schmalleger, & Worral, 2011).

        Plea bargaining has many benefits within the criminal justice system. Prosecutors can’t prosecute every case due to a busy case load. Prosecution also favors plea bargaining because it allows the courtroom work group to further its mutual interest in avoiding conflict, reducing uncertainty, and maintaining group cohesion. (Siegel, Schmalleger, & Worral, 2011).

        Defense attorneys also benefit due to limited resources. Plea bargaining allows for a quick disposition of cases. This frees time for these attorneys to focus on cases more worthy of trial. (Siegel, Schmalleger, & Worral, 2011). This, in turn, brings in more pay for less work.

        Defendants also benefit due to reducing their sentence. Courts benefit from plea bargaining because the court system isn’t tied with a trial. Victims also benefit from a quick close of the case, eliminating them from having to testify in court.

Bench Trial –VS- Jury Trial

        Bench trial, the judge, decides on the issue of the law and whether the defendant is guilty. A bench trial is usually a quicker way to complete a case because it can be scheduled sooner and does not require jury selection and jury instructions, which make the trial process last much longer.